Where the defendant was sued for allegedly breaching conditions of a commercial lease relating to the construction and operation of a fitness club, and its corporate parent allegedly guaranteed the defendant’s performance, that didn’t make the corporate parent a “necessary ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the defendant was sued for breach of fiduciary duty, her counterclaim for unjust enrichment was proper under the permissive joinder rules. Background Plaintiff H99DT trustee filed a complaint in this court Nov. 23, 2020, bringing a single cause of ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a company promised to pay the plaintiff a bonus, but there was no consideration, the breach of contract claim was dismissed. Background In his amended complaint, Adam Kamran brings five causes of action. He seeks to recover against all ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a father and son opened a joint brokerage account, and the father then demanded the funds be transferred to his separate account, the bank’s refusal to transfer the funds was not a breach of the account agreement because it ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Where the defendant promised to provide FDA-approved masks to the plaintiff and failed to do so, but the plaintiff might have known the masks were nonconforming and nevertheless accepted them, a jury will decide if the plaintiff waived its breach ...

Tagged with: Contract Judge Mark S. Davis U.S. District Court - Eastern District

Where the defendant refused to assign leases to five properties as required by the parties’ agreement, but the plaintiffs “repeatedly” told him they would not be taking the leases and replied affirmatively that he was free to dispose of them, ...

Tagged with: Contract Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

Tagged with: Contract Judge Thomas T. Cullen U.S. District Court - Western District

Where the court might have ruled differently on the parties’ dispute, the arbitrator acknowledged the applicable legal principles and applied at least some of the facts to those principles, therefore the manifest injustice standard was satisfied and the award was ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a buyer paid the seller an estimated amount of the seller’s tax liability arising from the sale, and the contract provided that either party would pay the other the difference between the estimate and the actual tax liability as ...

Tagged with: Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

Where a school challenging an accreditation rejection attached a copy of the accreditor’s decision to its complaint, but the school clearly disputed the accreditor’s conclusions, the district court erred by treating the factual statements in the document as true. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract